Case law
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Division and case type: Environment and LandCase
…Determination The Court is exercising its discretion is guided by the provisions under the proviso of Section 79 (G) of the Civil Procedure Act.…
…I would therefore apply the above principles in exercise of discretion to the prayers applied for by the applicant.…
Division and case type: GeneralCase
…Mwamu, for the respondent, is whether a mistake of law by counsel can amount to such a mistake as would entitle the Court to exercise its unfettered discretion under rule 4 and extend time on behalf of an applicant such as…
…, this statement is to be found at page 94: “the mistake or misunderstanding of the plaintiff’s legal adviser, even though negligent, may be accepted as a proper ground for granting relief under Order IX rule 20 ….. the discretion…